Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-27
APPLICATION FOR PATENT.

II NoNOfus CAu utltuer De WITHDRAWN nor
returned, but must be transmitted to the Gen
eral Land Office.
An application will be rejected when the
scription Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
nd notice was not published in q
newspaper designated as published nearest the
claim.
~Third-Record title was found defective,
and
Fourth--A previous application had been
made Tor the same premises, which was with
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and dis
tlnct portions OF q claim, application for
patent may be made by either for tn al portion
OF the claim owned by him; but where several
parties own undivided interests in : mining
claim all should join in an application for q
patent.
A person or association may purchase as
many placer locations 40 the local law admits,
and embrace them all in one application for q
patent.
Two or more lodcs cannot be embraced in
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
ing to act as o deputy for the Register and Be-
ceiver cannot be recorded rs evidences.
In all patents for mining claims situated
within the interior boundaries OF a town site
aelsuse Ia inserted excepting and excluding
all town property, rights upon the surface.
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
proyements not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made q only
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspapers 60 days must olapse between the
first and last insertions.
Where the Register designAtes thu d Issue
of q newspaper for publication Of notices of Q
mining application for patent 1t is not q COM
pliance with law to change to the weekly edi-
ton OF the same paper without authority Of
/ the Register.
The existence Of o salt spring on q tract of
land withdraws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the Agricultural
character Of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must ale q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
The papers In an adverse claim, once fled,
cannot be withdrawn, but becomes q part OF the
record.
When an adverse claim has been fled it can.
not be amended so az to embrace a larger por.
ton OF the premises than that described in the
original adverse claim.
An adverse claim must be made out In
proper form and filed In the proper local Office
during the period of publication OF the appli-
cation for the patent to be effective.
1t is the duty of the adverse claimant 0
commence suit in proper form within the re-
CURED time, and If he trusts the uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue. through misfortune or accident Should
the failure to commence suit be the result Of
the corrupto or dishonest action Of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement. in general terms, embody.
Ing conclusions Of law, without stating the
facts specially, will not be considered In evil
dence.
An adverse claimant should show q compli.
ance with the local laws IN recording his claim
and in regard to expenditures. and shall nle 3
copy of the original notice of his location, and
show the nature or extent Of the conflict
alleged.
AL hlitBblUu Oh phrtleB 10 u bult tQkt tu6y
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little. If any value, for agri.
cultural purposes, but is essential to the
proper development of mining claims. IL
should be disposed OF under the Mining Act,
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be Cancelled az any time
prior to issuance Of patent, upon satisfactory
evidence OF the existence of such valuable de-
posts.
Where valuable deposits Of mineral are dis.
covered upon q tract after the same iss been
entered as agricultural, but before / stent has
been issued, the parties claiming the mine
may make application for patent for same.
aud the agricultural entry will be cancelled 10
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
Agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes a citizen
before disposing OF the mine. Proof that the
parry was not . cluzeu De1Ore QfBpOeinQ of his
claim must be affirmativeiy shown.
Locators and intermediate owners. other
than applicants, will not be presumed aliens.
In the absence of allegation or objection prior
to issuance Of patent.
The portion Of q mining claim sold to an
alien cannot be patented while such owner IN
an alien; but on his declarationi o become a
citizen his right dates back to his purchase.
aud he may thereupon secure United states
patent for his claim.
GROSS LEDaEs.
Revised Statutes. Section 2. 33s.
Where two or more lodges cross or intersect
each other, priority Of title shall govern ana
such prior location shall be entitled 10 ali ore
or mineral contained within tina space Of inter.
section, but the subsequent location shall have
the right OF way through the space Of inter
section for the purpose OF the Convenient
working OF the mine. And where two or more
veins unite the Oldest or prior location .haiI
take the vein below the point OF union. in
Guiding all the space of intersection.
TUNNELS.
There 10 no authority Of law for a tunnel
location 5000 BY 800 feet. A proper location
Is the width OF the tunnel for 5000 feet.
There Is no provision OF law for patentinQ
tunnel locations, but lodes discovered in run
ming a tunnel may be patented in like manner